Lee-David Weiner Wins Dismissal of Case in Kings County Using GPS Tracking Data

On September 30, 2015, Lee-David Weiner won summary judgment dismissing the plaintiff’s case in Tuten v. Mercy Care Transportation, Inc., Index No. 9987/2012 (Supreme Court, Kings County). The plaintiff claimed that she was a passenger in a vehicle that was stopped at a red light and rear-ended by an ambulette owned by Mercy Care. When officers arrived on the scene, there was no ambulette present and the plaintiff and another witness gave a vague description of the vehicle. Using the data from a GPS tracking device, Mr. Weiner argued that the evidence demonstrated that the Mercy Care ambulette allegedly involved was parked at the same location, did not move for 24 hours on the day of the incident, and therefore could not have been involved in the accident. The Court granted Mr. Weiner’s motion for summary judgment and dismissed the case.